Kingston, PA (PRWEB) October 31, 2012
An article in the New York Times earlier this month about Blitz, USA reported that the gas-can manufacturer attributed its 2012 Oklahoma plant closure to frivolous lawsuits.
A lobbying group used former employees of Blitz, USA to create advertisements tearfully depicting the consequences of abusive lawsuits. But the ads ignored the evidence that gas can explosions had caused dozens of casualties in recent years. The struggle between industry and consumer protection organizations is illustrated by cases such as Blitz. The company stated that it had fewer than two explosions per million cans sold, and the most serious injuries resulted from consumer misuse. Lawyers involved in cases against Blitz, however, said the company pursued greed over safety, refusing to correct a defective product.
Lawsuits to recover for injury are a way of regulating or policing the manufacturers of consumer products, while also compensating victims for their injuries. To state a products liability cause of action in Pennsylvania a plaintiff must prove two things: (1) that the product was defective; and (2) that the defect was a substantial factor in causing the injury.
A product liability lawsuit may be based on one of three separate legal theories: (1) strict liability, (2) negligence and (3) breach of warranty. There are essentially three types of defects that may cause injury to a consumer and form the basis for a product liability lawsuit in Pennsylvania: (1) design defects, (2) manufacturing defects and (3) defective warnings. The website of DLP, a law firm in Northeastern Pennsylvania, provides brief descriptions and explanations of each of these legal theories and bases for legal action.
Product liability law gives you the right to seek compensation from anyone in the production or distribution chain of the product. This includes the business entity that designs, manufactures, distributes or even markets the defective product.
When you are injured by a defective product, it is important to work closely with a law firm with extensive experience handling product liability lawsuits because these cases frequently involve litigation against large corporations with extensive litigation resources.
Says DLP attorney Brian J. Walsh, “Effective litigation of product liability cases also requires extensive understanding and experience with complex engineering and manufacturing processes.”
Mr. Walsh is a partner at DLP in the Kingston, PA office, and focuses his practice in product liability, among other areas of law such as medical malpractice and personal injury.
If you have been injured by a product and need to consult a lawyer, contact DLP for a free consultation, toll free at (877) DLP-9700 or (877) 357-9700.
DLP is a full-service law firm whose Pennsylvania product liability lawyers are committed to representing clients with compassion and dedication. With offices in Moosic, Kingston, Honesdale or Hazleton, DLP serves all of Northeast Pennsylvania.